Dashrath vs The State Of Madhya Pradesh
2024 Latest Caselaw 3456 MP

Madhya Pradesh High Court

Dashrath vs The State Of Madhya Pradesh on 6 February, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                    CRA No. 16087 of 2023
                                             (DASHRATH Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-02-2024
                               Shri Manish Yadav - Advocate for the appellant.

                               Shri V.S. Panwar - Pl for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also, heard on I.A. No.19542/2023, which is first application for

suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of appellant - Dashrath.

2. The trial Court has convicted the appellant under Section 307 of I.P.C. and sentenced to undergo 05 years RI with fine of Rs.4,000/- with default stipulation, vide judgment of conviction and order of sentence dated 21.12.2023 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Shajapur (M.P.) in SCATR/158/2017.

3. As per prosecution case, on 19.08.2017, at around 07:30 AM, due to some old enmity, the appellant Dashrath Singh stabbed on stomach of

Meherban Singh (PW-3). The injured Meharban Singh received grievous injury on his stomach with intent to kill him which was dangerous to life.

4. Learned counsel for the appellants submits that the appellant has not committed any offence and he has falsely been implicated in the case. There are material contradictions and omissions in the statement of injured Meherban Singh (PW-3) and eye witness Keshulal (PW-4). It is also submitted that the trial Court has not considered the material contradictions and omissions in the impugned judgement and has wrongly convicted and sentenced the appellant.

5. It is also submitted that the appellant has completed incarceration of around seven months. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellants may be suspended and they may be released on bail.

6. Learned counsel for the respondent/State has opposed the prayer of the appellants and prayed for its rejection.

7. I have heard learned counsel for both the parties and perused the record.

8. Having considered the rival submissions and also considering the evidence available on record, at this stage, I am not inclined to suspend the jail

sentence of the appellant. IA No.19542/2023 stands rejected accordingly.

List the matter for final hearing in due course.

(PRAKASH CHANDRA GUPTA) JUDGE

Shruti